MADISON TWP. - Township residents now are able to repair and replace existing structures that are considered a non-conforming use in a zoning district if those structures are damaged or destroyed by fire, collapse, explosion or other acts of God.

Madison Township trustees unanimously approved the change in the township zoning resolution after a public hearing Monday.

Several homeowners asked for the change because they were unable to sell their homes after local lenders said they did not want to finance the purchase of structures in a non-conforming area. The issue was first presented in 2013 over non-conforming properties around the Ohio 39 interchange of Interstate 71.

Section 800.1 of the zoning resolution previously said the removal or destruction of a non-conforming structure shall remove the non-conforming status of the land. The revision says a structure can be replaced within two years if it does not cause a new non-conformity or increase the degree of non-conformity. The change was approved last November by the township board of zoning appeals and reviewed by the Richland County Regional Planning Commission.

A staff recommendation from regional planning noted that Madison Township has a large number of non-conforming residences in highway business districts because of over zoning on small lots along Ohio 39 in anticipation of business from nearby Interstate 71. It pointed out that the development did not happened as anticipated because many of the lots would have to be combined to provide proper space for businesses.

The report also said the housing market collapse and the recession resulted in tighter lending practices, particularly on non-conforming uses, and potential buyers had their mortgage applications turned down. Officials added continuation of the old regulation could have resulted in owners walking away from their properties and creating more blight and nuisance situations.

The only comments during Monday’s hearing came from township fiscal officer Sharon Willcox and Jackson Township resident Brett Heffner, who came to observe the process. Willcox said the change should be considered even though trustees Dan Fletcher and Kelley Harris have homes located in business districts.

“It should be taken into consideration for all property owners who currently have residences in a business district,” she said. “It’s such a good change to the zoning resolution that I don’t think anything else can be construed from that. This was recommended by the zoning commission and Regional Planning.”

Willcox added that she was on the township zoning board when rezoning was done years ago and that the board was asked to make the change to encourage more business.

Heffner, who was the only member of the public to attend the hearing, agreed with Willcox that there did not appear to be a conflict of interest. “It does prevent there being a loss, but I don’t see a conflict of interest here,” he said. “There’s no monetary gain.”